HomeMy WebLinkAboutOrdinances (O-95-1003)-10/03/1995
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ORDINANCE 0-96-1003
AN ORDINANCE CALLING A SPECIAL JOINT ELECTION WITH
TARRANT COUNTY FOR THE PURPOSE OF AMENDING THE
CONSTITUTION AND THE CITY'S CHARTER; PROVIDING AN
AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
TARRANT COUNTY; AND PROVIDING DATES AND PLACES FOR
EARLY VOTING
; WHEREAS, the citizens of the City of Colleyville, the City staff and the City
Council have spent several months studying the Colleyville City
Charter with a view to modernizing and improving the framework of
local municipal government; and
WHEREAS, the City Council is of the opinion that the proposed amendments to
the Charter merit the consideration of the citizens of the City of
Colleyville; and
WHEREAS, the County of Tarrant as well as the City of Colleyville will hold
elections on November 7, 1995; and
WHEREAS, it is desirable for voter convenience and to reduce the overall cost
to each entity that said elections be held jointly with those political
subdivisions in Tarrant County conducting an election on November
7, 1995; and
WHEREAS, in order that the joint election be organized properly, the City of
Colleyville, in Tarrant County desires to select the Tarrant County
Election Administrator to conduct and coordinate this joint election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
COLLEYVILLE, TEXAS, AS FOLLOWS:
Sec. 1:
That a Special Joint Election is hereby called to be held on
Tuesday, November 7, 1995, at the City Hall, 5400 Bransford
Road, Colleyville, Texas, from 7:00 a.m., until 7:00 p.m., for
the purpose of voting on the proposed Constitutional
Amendments and the proposed amendments to the Colleyville
Home-Rule Charter.
Sec. 2:
That notice of the election shall be published in accordance
with the provisions of Section 9.004 of the Local Government
Code and all other applicable laws.
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Ordinance 0-95-1003
Page 2 of 9
Sec. 3:
That the following proposed amendments shall be submitted
on the ballot in accordance with law:
(1 )
Shall Section 3.11 of the Colleyville Charter, which provides
for the method of consideration and enactment of ordinances,
be amended to read as follows:
"Section 3.11. Ordinances in General.
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The Council shall legislate by ordinance, and the enacting clause of
every ordinance shall be, "Be it ordained by the City Council of the
City of Colleyville." The City Attorney shall approve as to legality all
ordinances prior to final action by the City Council. Every ordinance
enacted by the Council shall be signed by the Mayor or the Mayor
Pro Tern in the Mayor's absence, and shall be filed with and
recorded by the City Secretary. All ordinances exclusive of
emergency ordinances as defined in Section 3.12 shall be read in
open meeting of the Council at two (2) consecutive regular Council
meetings. The caption only of each proposed ordinance shall be
read at the first and second reading, provided that upon the request
of any two (2) members of the Council, the ordinance shall be read
in its entirety on either the first or second reading, and further
provided, however, that neither metes and bounds descriptions nor
national, state, industrial, or uniform codes or manuals shall be read.
Each reading of a proposed ordinance shall be followed by a public
hearing. No final vote of approval or disapproval shall be taken by
the Council until after the second reading and public hearing on each
ordinance. The captions of all proposed ordinances shall be posted
upon a bulletin board at City Hall established for the purpose of
giving notice of Council meetings not less than seventy-two (72)
hours prior to the meeting at which such ordinances are read."
(2) Shall Section 3.09A of the Colleyville Charter, which provides
for the number, location, and conduct of Council meetings, be
amended to read as follows:
T""
Ordinance 0-95-1003
Page 3 of 9
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"A. Meetings of Council. Council meetings shall be held at the City
Hall or such place within the City of Colleyville that the Council shall
direct. The Council shall meet regularly at least twice (2) in every
month at such times as the Council may prescribe by rule. In the
event of a lack of a quorum at a regularly scheduled meeting, the
meeting shall be opened and the roll call taken and recorded.
Special meetings may be held on the call of the Mayor or three (3)
members of the Council at the place within the City of Colleyville
designated in the public notice. All meetings shall be held and public
notice thereof given as required by the Statutes of the State of
Texas, as now or hereafter amended."
(3) Shall Section 9.02 of the Colleyville Charter, which deals with
the Annual Budget, be amended by adding thereto a subpart
A(11) (e) providing as follows:
"A statement indicating the relationship to, and whether each sum
improvement is consistent with the Master Plan."
(4) Shall Sections 10.05, 10.06, 10.07, and 10.08 of the
Colleyville Charter which provide for the establishment and
operation of a Board of Equalization, be amended by deleting
those sections in their entirety and renumbering Sections
10.09 and 10.10 sequentially within Article 10.
(5) Shall Section 14.05 of the Colleyville Charter, which provides
for notice of claims against the City, be amended by
increasing the period provided in the first sentence in said
Section, within which to give notice, from 30 days to 120
days.
(6) Shall Section 9.08 of the Colleyville Charter, which provides
for and limits the method and manner of purchasing by the
City,. be amended to read as follows:
"The Council may confer upon the City Manager general authority to
contract for expenditures without further approval of the Council for
all budgeted items not exceeding limits set by the City Councilor
State law."
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Ordinance 0-95-1003
Page 4 of 9
Sec. 4:
Sec. 5:
Sec. 6:
Sec. 7:
Sec. 8:
Sec. 9:
That the mutual project referenced herein, the parties hereto
agree to hold an election jointly on November 7, 1995, in
accordance with Section 271.002, Texas Election Code, and
that said election be conducted jointly pursuant to the terms
of this agreement.
That this agreement is made and entered into this /Oci-
day of ~cb:.l~ ,1995, by and between the County
of Tarrant, acting by and through the Tarrant County Elections
Administrator (hereinafter referred to as "County") and the City
of Colleyville, acting by and through its Mayor and his/her
designee (hereinafter referred to as "City").
That the City and County shall participate in the election on
Tuesday, November 7, 1995, and shall have and use the
same voting equipment, ballots and the same list of registered
voters.
That the City and County shall share the cost of conducting
the election.
That the County shall be responsible for early voting ballot
requests by mail.
That the following applies to Early Voting by Personal
Appearance:
a. Robert Parten shall serve as Early Voting Clerk; other
clerks shall be appointed as needed.
b. The City Secretary or her designee shall serve as
Deputy Early Voting Clerk
c. Early voting for said joint election shall be conducted
at City Hall, 5400 Bransford Road, Colleyville, Texas.
d. Any resident of any political subdivision participating in
this joint election may vote at the Tarrant County main
early voting location (Muller Building, 600 West
Weatherford Street, Fort Worth, Texas, 76102).
Ordinance 0-95-1003
Page 5 of 9
Sec. 10:
Sec. 11:
Sec. 12:
Sec. 13:
Sec. 14:
e. Early voting by personal appearance will begin on
October 18, 1995, and will end on November 3, 1995.
f. Extended hours for early voting shall take place at all
early voting sites on Saturday, October 28, from 7:00
a.m. to 7:00 p.m., and on Sunday, October 29, from
11 :00 a.m. to 4:00 p.m., and Thursday and Friday,
November 2 and 3, from 7:00 a.m. to 7:00 p.m.
That the Tarrant County Elections Administrator shall be
responsible for the preparation of all Early Voting Ballots.
That the Tarrant County Elections Administrator shall prepare
the voted Early Voting Ballots for counting by the Early Voting
Ballot Board.
That the Early Voting Ballot Board may include individuals
from the City, and the names of those persons selected
should be submitted to the Elections Administrator.
That the Elections Administrator agrees to coordinate,
supervise and conduct the Joint Election, pursuant to the
provisions of the Texas Election Code unless specifically
provided otherwise in this agreement.
That the Elections Administrator shall perform the following
specific duties:
a. Appoint, notify, and train all presiding judges, alternate
judges, and clerks. The names and addresses of each
judge and alternate judge shall be furnished to the City
Secretary.
Ordinance 0-95-1003
Page 6 of 9
b. Compensate election judges and clerks. Each election
judge and clerk will receive $5.50 per hour (for
maximum of 15 hours). The election judge will receive
an additional $25.00 for picking up the election
supplies prior to election day and for delivering election
returns and supplies to the Central Counting Station
after the polls close. Election judges and alternate
judges will receive $10.00 each for attending the
election school.
c. Procure, prepare, and distribute ballots.
d. Procure, prepare, and distribute early voting and
election day supplies.
e. Procure, prepare, and distribute tables and chairs, as
needed, and transport equipment to and from the
polling places.
1. Procure and deliver to polling places all voting
equipment.
g. Rent, if necessary, voting locations.
h. Provide lists of registered voters to the election judge.
I. Arrange for the use of a Central Counting Station and
for tabulating personnel and equipment needed at the
Counting Station and assist in preparation of programs
and test materials for tabulation of the ballots to be
used with electronic voting equipment.
j. Public notice of the date, time, and place of the testing
of the electronic tabulation equipment and conduct
such testing.
k. Supervise the handling and disposition of election
returns, tabulate unofficial returns and assist in
preparing the tabulation for the official canvass.
Ordinance 0-95-1003
Page 7 of 9
I. Prepare the unofficial canvass report after all precincts
have been counted and deliver a copy of the unofficial
canvass to the City of Colleyville.
m. Serve as custodian of election records and store
election records as provided by law.
n. Conduct any required recounts.
Sec. 15:
That the City Secretary of the City of Colleyville shall perform
the following specific duties:
a. The City of Colleyville shall designate voting sites
giving preference to customary City locations.
b. Maps or other reference guides containing the
boundaries of each political subdivision should be
made available to Tarrant County.
c. Prepare all election orders, resolutions, notices, and
other pertinent documents for adoption for execution by
the appropriate officer; and take all actions required by
law for calling the election, establishing precincts and
polling places, handling contests, canvassing the
returns, and declaring the results, including the
Spanish translation thereof.
d. Prepare and publish in the official newspaper, or post
all required election notices.
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e.
Deliver to the Elections Administrator as soon as
possible, but no later than September 27, 1995, the
official wording that is to be printed on the ballot with
the exact form, order, wording and spelling that is to be
used.
f. Prepare and submit to the U. S. Department of Justice
under Section 5 of the Voting Rights Act of 1965, the
required submissions on voting changes.
g. Canvass the official results of the election.
Ordinance 0-95-1003
Page 8 of 9
Sec. 16:
That in consideration for the services and expenses provided
by the Elections Administrator and to pay for the City's share
the cost of conducting this joint election, the City of Colleyville
agrees to pay the sum of $1,800 to the Tarrant County
Elections Administrator.
Sec. 17:
That should a recount be required, those costs associated
with the recount, if any, are in addition to those contemplated
in this agreement, and shall be negotiated at the time the
need for said recount is determined.
Sec. 18:
That the official for all parties to contact for all purposes shall
be listed at the end of the agreement. All notices and other
deliveries under the agreement shall be delivered to said
individual so listed.
. i AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~ day of
.5ept-..un.bJ( , 1995.
The second reading and public hearing being conducted on the Iqif. day of
~emhif , 1995.
The third reading and public hearing being conducted on the 3rd day of
O~Jo bl-r , 1995
ATTEST: } l .
:(j4J~A J fd~
~~~s, CMC
City Secretary
C;;;F ;?2LLE
Ed Baker
Mayor
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Ross 1. Foster
City Attorney
TO FORM AND LEGALITY:
Ordinance 0-95-1003
Page 9 of 9
ACCEPTANCE:
On behalf of Tarrant County Elections Administration, I hereby accept the terms
of this Agreement contained in this Ordinance.
I Signed this /ctL day of fi d~~ , 1995.
Q~ '\?~~~"'
Robert Parten
Elections Administrator
In witness whereof, the above Ordinance and Agreement was adopted at a
meeting %th~ C9mmissioners Court of Tarrant County held on the 1{)-cL day
of !J2:tt;f4~, 1995.
County of Tarrant
Tom Vandergriff
County Judge
OFFICIALS FOR NOTICE:
Robert Parten
County of Tarrant
Elections Administrator
100 West Weatherford Street
Fort Worth, Texas 76196
Jean Harris, CMC
City Secretary
City of Colleyville
5400 Bransford Road
Colleyville, Texas 76034
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